DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Steggles Pty Ltd
(AG2015/875)

STEGGLES PTY LIMITED WA PLANT (PRODUCTION, DISTRIBUTION AND CLERICAL EMPLOYEES) ENTERPRISE AGREEMENT 2015 - 2018

Poultry processing
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 MAY 2015

Application for approval of the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2015 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Steggles Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Food Preservers’ Union of Western Australia, the Shop, Distributive and Allied Employees Association and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date of the Agreement is 1 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd applied to the Fair Work Commission for the approval of the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2015 - 2018. The application was made under the Fair Work Act 2009. The Fair Work Commission was required to consider whether the agreement met the "better off overall test" and whether it contained permissible content under the Act. The Commission needed to assess if the proposed agreement would result in employees being better off overall when compared to the applicable award or previous agreement, and if the agreement included any provisions that were outside the scope of permissible content, such as those that unfairly discriminate against employees or otherwise contravene the Act.

The Commission found that the agreement met the better off overall test, as it provided for a mix of wage increases and other benefits that would result in employees being better off overall. The Commission also determined that the agreement contained permissible content, as it did not unfairly discriminate against any employees and was in line with the provisions of the Fair Work Act. The Commission approved the agreement, finding that it met the requirements of the Act and was in the interests of both the employees and the employer.

The Fair Work Commission approved the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2015 - 2018, finding that it met the better off overall test and contained permissible content. The Commission's decision was based on its assessment of the agreement's provisions and their impact on employees and the employer. The approval of the agreement ensures that the employees of Steggles Pty Ltd will benefit from the terms and conditions outlined in the enterprise agreement for the specified period.

Steggles Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established